Last Updated Nov 7th 2024

This is a legally binding agreement between the licensee ("you") and Photobash that outlines your rights to use and license the products available on our website. By purchasing, downloading and using content or certain services made available by Photobash, you agree to accept the terms of this License Agreement.

1. Definitions

Terms frequently used in this agreement are capitalized and have been specified in quotations along with their definitions below:

"Site" refers to the Photobash website, API’s, software, source codes used to provide services, user interface layouts, designs, images, icons, text and all other intellectual property protected under copyright or any other proprietary right and located at the photobash.org domain.
"Account" is the user Account associated with the purchasing entity, whether that is a natural person or a corporate entity. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Account holder represents.
"Photos" is the collection of one or more digital images or vectors packaged in the form of a product ("Packs", "Images" or "Custom Shapes") on the Site and made available to the License holder or authorized third party in the form of downloadable JPG, PNG, RAW, CSH, ZIP or RAR files.
"Models" is the collection of one or more digital 3D models packaged in the form of a product ("Kits" or "Models") on the Site and made available to the License holder or authorized third party in the form of downloadable OBJ, FBX, ZIP or RAR  files.
"Content" refers to Photos and Models and/or any other digital files, including but not limited to: Packs, Images, Custom Shapes, Kits and Models, made available on the Site.
"Creations" refers to any work created by you or your employees that incorporates Content and to which you or the entity for which you have created them owns the copyrights and which by itself can qualify as an original work of authorship. This includes but is not limited to any final product which does not constitute or very closely resemble the original Content and is sufficiently modified or incorporated.
"License" refers to this agreement and its terms in particular and to which the purchasing entity constitutes acceptance of the rights and restrictions specified herein.
"License Type" (Freelance, Indie, Studio, Enterprise) refers to the License specifications and particular rights and/or restrictions that are based on the purchasing entity's personal, professional and/or corporate situation and intended usage of Content.
"Subscription" is an agreement between Photobash and the Account holder that requires a working recurring payment and in return grants additional rights.


2. License Rights & Properties

Content purchased under any License Type grants the licensed user the following rights and contains the following properties:

• Royalty-Free: Rights to use the Content are paid once, with no future fees or royalties owed to Photobash.

• Commercial: You may sell and distribute any commercial products or Creations that incorporate the Content.

• Perpetual: Your rights to use the Content do not expire once a License has been obtained.

• Worldwide: Licenses are granted globally, with no imposed border restrictions or embargoes.

• Unlimited: Content can be used across unlimited commercial, non-commercial, or educational purposes and projects.

• Non-Exclusive: You do not have exclusive rights to use the Content. Photobash reserves the right to license the same Content to other users.

• Ownership: You are not granted title or ownership of the Content. Copyright remains with Photobash.

• No Editorial: Editorial use of unmodified Content is not permitted under this License.

Permitted Uses: Content may be freely used in the following types of Creations, provided it is incorporated and does not comprise the primary value of the product for sale or distribution: concept art, illustration, matte painting, video games, movies and film, television shows, VFX, CGI, 3D scenes and models, architectural visualization, pre-visualizations, VR products, graphic design, multimedia projects, advertising, presentations, mobile and web design, art books, event flyers, posters, brochures, and any other digital or printed media.


3. License Types

Photobash offers four main License Types when purchasing Content:

Freelance License:
A single-user commercial License for a self-employed freelancer, non-professional, hobbyist, or student not working at a company.

• 1 user per License: For individual or single-user use.

• One License per Product: Each account (email address) is limited to one License per product. A single person cannot own multiple Freelance Licenses for the same Content.

• Commercial Usage: Content may be used for commissions or freelance work, granted that you do not share or provide access to source files directly. Content purchased under this License may not be used in any situation that would require a different License.

• Individual Purchases Only: Freelance Licenses cannot be bought on behalf of another individual, company, or account; the purchaser must remain the sole user and license holder of Content.

• No Redistribution: You may not share or distribute the original Photos or Models to any unlicensed third parties for any purpose. This may include your client or a company hiring you.

• Employment Usage: If you wish to use Photos or Models as an employee or during an extended in-house position, please ask your employer to purchase the appropriate License.

• Client Requests: If requested to share original Photos or Models with your client when submitting Creations made by you, your client must purchase a separate License for Content you're sharing.
  

Indie License:
A multi-user commercial License for an independently funded studio.

• 5 users per License: For small studios or developers with a company size of up to 5 people. For larger companies, please use a Studio or Enterprise License.

• One License per Product: Each License covers 5 users, and each account (email address) is limited to one License per product. A single entity cannot own multiple Indie Licenses for the same Content.

• Employee Changes: Employees using Content under this License may be interchanged only if previous users are no longer employed by the License holding entity.

• On-Site Use Only: Photos or Models purchased under this License may not be used or stored off-site by employees for purposes outside those of the License holder's projects.

• No Redistribution: Photos or Models may not be shared, stored in their unmodified form or accessed by any party that does not directly or no longer belong to the License holding entity. Content may not be shared with off-site contractors or freelancers.

• Offline Use: A maximum of 5 users may access and use downloaded offline versions of Content.

• No Entity Purchases: It is not permitted to purchase different License Types on behalf of individuals or companies that fall under the Indie License scope.

• Single Entity Rights: The rights granted by this License apply only to the single legal entity under and for which they were purchased. It does not grant usage rights for outsourcing partners, affiliate companies, former employees or off-site contractors.

Studio License:
A multi-user commercial License for corporate production companies developing games, movies, or other media.

• 5 users & 1 branch per License: Each License covers 5 users and applies to one branch. Additional Licenses are required for more users or multiple branches. A branch is determined by the entity’s physical location and address.

• Multipe Licenses per Product: Each License covers 5 users. A single Studio account (email address) may purchase multiple Licenses for the same product to extend their total user quota.

• Affiliate Purchases: Licenses may be purchased on behalf of an affiliate or parent/child company to extend branch count. The purchasing entity, if using its own account, remains the sole License holder. If an affiliate or related entity acquires the License under its own account, it will hold sole License ownership. Licenses are non-transferable to other affiliates or branches without Photobash’s prior written consent

• Employee Changes: Employees using Content under this License may be interchanged only if previous users are no longer employed by the License holding entity and their access to Content has been restricted.

• Contractor Access: Content may be used by on-site contractors or freelancers doing in-house work. Off-site contractors are permitted access to Content if hired directly by the Licensing entity. In such case the contractor will count towards the user quota of your License. You must ensure access or storage of Content is discontinued when off-site contracts terminate.

• On-Site Use Only: Photos or Models purchased under this License may not be used or stored off-site by employees or otherwise used for any purpose outside those of the License holder's projects.

• No Redistribution: Photos or Models may not be shared/stored in their unmodified form and Accounts may not be accessed by any party that does not directly or no longer belong to the License holding entity.

• Offline Use: A maximum of 5 users may access or use downloaded offline versions of Content per License, unless otherwise specified.

• Single Entity Rights: Licenses do not grant usage or storage rights for outsourcing partners, subcontractors, former employees, subsidiaries, or branches that share the name but not the same physical address or location of the License holding entity. This restriction does not prohibit affiliate companies from distributing or otherwise commercializing Creations on behalf of the License holding entity. 
  

• No Freelance Licenses: It is not permitted to purchase individual Freelance License Types on behalf of individuals. Freelancers employed may be granted temporary access to Content for the duration of their contract.

• Revenue Cap: Studio Licenses apply to companies with an annual revenue of up to USD 10 million. For Enterprise licensing, please get in touch.

Enterprise License:
The Enterprise License is an extended Studio License for large corporations. This License carries all the same features as a Studio License, with customizable terms, and applies to companies with an annual gross revenue of USD 10 million or more.

For Enterprise licensing, please contact us.

4. Choosing the License Type

When purchasing Content, a License Type (Freelance, Indie, Studio, Enterprise) that best corresponds with your current personal, professional and/or corporate situation as well as the intended future usage for said Content must be selected. You warrant that, to the best of your knowledge, you have selected the License Type that represents the most accurate situation under which you intend to license and use purchased Content and that you will continue to operate in accordance with the requirements specified in this agreement. In the case that your current license no longer covers the intended usage or falls within the scope of a different license, you agree to cease usage of Content under that license and/or to purchase a new license in order to comply with this agreement.

Please note that once Content has been purchased under a specific License Type the following restrictions apply:

• Non-transferable. Licenses generally cannot be modified or transferred to a different user, entity or different License Type.

• Change of Usage. A new License must be purchased if the Content's intended usage no longer matches its License restrictions and requirements or if the Creation's intended usage does not match the License Type under which they were purchased.

5. License Restrictions

If Content is found to be used in an unauthorized way, Photobash may, at its own discretion, terminate your Account, its associated purchases, your License rights as well as limit access to our services or pursue other penalties, damages, losses, and profits as Photobash is entitled to under this agreement or by law or equity.

The following lists uses that are explicitly prohibited:

• Incorrect License. You may NOT use or purchase Content under the incorrect License. Doing so may violate our policies and could void your License rights and/or lead to Account termination. 

• Re-Distribution. You may NOT sell, share, re-distribute, publish, or otherwise make Photos or Models available to any third party except as incorporated in the form of permitted Creations, or when shared in a manner specifically authorized in this agreement.

• Competitive Products. You may NOT use Photos or Models in any way or for any purpose that may directly compete with Photobash, the Site, its services or the Content itself.

• Group Buying. You may NOT collect funds to purchase and/or share Content with one or more unauthorized parties.

• Generative AI Data. You may NOT use Content to train generative AI models or use Content to feed as a base image to any existing generative AI software or services.

• Sharing Accounts. You may NOT share or provide access to Accounts or its associated Content other than to those authorized under the conditions and terms of this agreement.

• Obscene/Unlawful Use. You may NOT use Content in a pornographic, defamatory, obscene, racist or otherwise unlawful manner, or in violation of any applicable regulations.

• False Attribution. You may NOT falsely represent yourself as the creator or author of Photos or Models.

• Stockpiling. You may NOT download Photos or Models excessively in a way that suggests in our reasonable discretion that you are attempting to stockpile, mirror or otherwise copy the Site or its Content.

• Commercial Printing. You may NOT use Photos directly for printing or reselling on any physical merchandise including cards, posters, photo books, etc. in their original or unmoddified form.

Photobash reserves the right to investigate its customers in order to prevent violations and may inquire to provide certain information, documents or other forms of proof to help verify the License holder's legitimacy.


6. License Termination

Your License is perpetual, meaning there is no expiry or end date on your rights to use the Content once it has been purchased, unless terminated as a result of any of the conditions described below:

• Chargeback. Any reversal of transaction notice we receive from your bank, credit card issuer or Paypal may temporary or permanently terminate any and all rights granted under this agreement.

• Technological Failure. If a payment or transaction was unsuccessful but Content was accessible through a technological failure or bug your rights and access to Content and/or Account may be restricted until the issue has been resolved.

• Outstanding Debtor. Failure to remit payment for an overdue invoice beyond a two-month period from the date of issuance shall constitute a material breach of any prior agreements.

• Violation of Terms. Any violation of our License Agreement or Terms & Conditions may terminate your License rights immediately and permanently, as well as suspend your Account and access to purchased Content.

In case of License termination under one or more of these conditions, you and any third party with access to Content must cease all usage, storage and distribution, and destroy all copies of Content.


7. Changes to Our License Agreement

Photobash reserves the right to change the terms of this agreement at any time. Changes to our License Agreement will only affect Licenses purchased or otherwise obtained after the date of such amendments. The rights and restrictions granted to you are those presented here at the time of your purchase. You can check the “Last updated” date at the top of this page. If there are significant changes to this statement that will affect how our products can be used in the future, users will be notified via email outlining these changes.

We encourage users to review this page on a regular basis to ensure you stay up to date with our agreement terms.

PHOTOBASH Pte. Ltd.
24 SBF Center
160 Robinson Rd
068914
Singapore

Last Updated Nov 7th 2024

This is a legally binding agreement between ("you") and Photobash regarding the use of our website. Browsing, purchasing or otherwise using any content, software or services made available through the Photobash website constitutes a full acceptance of the below Terms & Conditions as well as our Privacy Policy and License Agreement (when applicable).

1. Definitions

Terms frequently used in this agreement are capitalized and have been specified in quotations along with their definitions below:

"Site" refers to the Photobash website, API’s, software, source codes used to provide services, user interface layouts, designs, images, icons, text and all other intellectual property protected under copyright or any other proprietary right and located at the photobash.org domain.
"Account" is the user Account created by the purchasing entity, whether that is a natural person or a corporate entity. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Account holder represents.
"Photos" is the collection of one or more digital images or vectors packaged in the form of a product ("Packs", "Images" or "Custom Shapes") on the Site and made available to the License holder or authorized third party in the form of downloadable JPG, PNG, RAW, CSH, ZIP or RAR files.
"Models" is the collection of one or more digital 3D models packaged in the form of a product ("Kits" or "Models") on the Site and made available to the License holder or authorized third party in the form of downloadable OBJ, FBX, ZIP or RAR  files.
"Content" refers to Photos and Models and/or any other digital files, including but not limited to: Packs, Images, Custom Shapes, Kits and Models, made available on the Site.
"Creations" refers to any work created by you or your employees that incorporates Content and to which you or the entity for which you have created them owns the copyrights and which by itself can qualify as an original work of authorship.


2. Use of the Site

This Site and its Content (including Packs, Images, Custom Shapes, Kits, and Models) are intended for customers of Photobash. You may only use this Site for lawful purposes and for those described and granted under this agreement. The following actions are explicitly prohibited: (a) using the Site or its Content for any purpose other than its intended usage; (b) downloading, copying, sharing, attempting to modify, or retransmitting any part of the Site or its Content in a way that violates our License Agreement, Terms & Conditions, or Privacy Policy; (c) performing or authorizing any data mining, hacking, probing, spidering, crawling, decompiling, or scraping of the Site, its Content, or its user accounts; (d) using the Site or its Content to supply any of its copyrighted data to machine learning or AI training datasets, models, or algorithms, or as image prompts; (e) using the Site or its Content for any purpose other than its intended usage, as determined solely by Photobash, including, but not limited to, defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal or privacy rights of others, and/or publishing, posting, or distributing defamatory, infringing, obscene, pornographic, sexual, indecent, or unlawful material or information; and (f) interfering with the security of, abusing, or attempting to manipulate, hack, or otherwise damage this Site or any of its source codes, system resources, services, or networks connected to or accessible through this Site.

3. Availability, Purchasing and Delivery

Photobash uses its best endeavors to make the most reliable and safest service available at all times but makes no guarantees about uninterrupted availability of the website or payment/downloading functions. Photobash relies on third party services for hosting and processing payments. Those services may become temporarily unavailable or be subject to restrictions based on your geographical location.

Upon confirmation of any payment made you will receive an e-mail from us with instructions on how to download your purchase. When you receive an e-mail from us with instructions to access your downloads, the receipt by you of the e-mail will constitute delivery of the Content purchased. In case you do not receive an e-mail from us with your download link(s), or the link(s) provided do not work correctly, you must contact us within 48 hours from the purchase date, or your purchased Content will be considered received, downloaded and delivered to you.

4. Content Usage Restrictions

In accordance with our License Agreement, you agree to respect the following restrictions on Content usage and distribution, and you warrant that, to the best of your abilities, you will notify and enforce these restrictions upon third parties authorized to access Accounts or Content on your behalf or that of your corporate entity.

• You are NOT permitted to share or distribute Content to unlicensed third parties, either as a whole or individually.

• You may NOT sell or distribute any of the Photos as stock photography, wallpapers, textures, photo references, or as part of any other commercialized database or competing service, nor in any derivative product that would allow a third party to use, download, or access the original Photos as stand-alone files.

• You may NOT use, sell, or distribute Photos in an insufficiently modified form, including but not limited to resizing, color correcting, cropping, rotating, flipping, or applying filters. This restriction applies whether Photos are used alone or within a collection, and to any use that could compete with the services of this website, such as in reference packs, stock photography, texture packs, wallpapers, or clipart. When in doubt, we recommend contacting our support team with examples of your intended use of the Photos to confirm if any issues may arise.

• You may NOT use Photos or Models in any manner involving generative AI algorithms, including, but not limited to, training machine learning models, incorporating into diffusion model datasets, as image prompts, input feeds to generative AI services, or for LoRA development or fine-tuning existing diffusion models.

• You may NOT use Photos directly for printed media or any non-digital derivative product where the Photos comprise the primary value of the product for sale or distribution, including but not limited to postcards, calendars, photo books, photography prints, t-shirts, mouse pads, or phone cases.

• You may NOT use, sell, or distribute Models alone, in scenes, or in collections, nor in any manner that could compete with this website’s services, such as in model packs, kitbashing sets, or 3D scenes. When in doubt, we recommend contacting our support team with examples of your intended use of the Models to confirm if any issues may arise.

• You may NOT distribute Photos or Models incorporated into merchandise if the Content has not been modified or if it has not been used in a way or to an extent that renders the final result substantially different from the original, unless the Creation as a whole qualifies as an original work of authorship and the primary value of the Creation does not lie with the Content itself.

• You may NOT use Content in any pornographic, defamatory, unlawful manner, or in violation of applicable regulations, nor in any way that infringes the copyrights or intellectual property rights of others.

5. Intellectual Property Rights

• 5.1 All materials and the presentation of these, including this Site and all of its downloadable Content are the property of Photobash. Unless otherwise indicated, all material featured, displayed or made available on the Site is owned by Photobash. 

• 5.2 The copyright to purchased Content remains with Photobash. You are granted a right of use that is non-exclusive and non-transferable and any competencies explicitly granted herein or under our License Agreement.

• 5.2 Content involves no use of generative AI. All content is created by Photobash staff using real-world equipment, photography, and traditionally licensed software. We do not use any generative AI algorithms or services to produce, alter, or modify content, ensuring customers can use our products without concern for potential future litigation involving intellectual property rights or copyright infringement.

• 5.3 Content is considered 'Royalty-Free'. This means Photos and Models may be used for personal or commercial projects and Creations without credit or payable royalties to Photobash. Such projects may become intellectual properties on their own, even with the incorporation of our Content, as long as the usage of this Content does not interfere with any of the terms set forth in our License Agreement or Terms & Conditions.

• 5.4 Photos have been taken in a public space or with permission in a semi-public or private space and Photobash warrants the rights to sell and license such Photos. This does not grant the user all publication rights and publication of Photos or material therein may be restricted depending on its content and the type of usage. Applicable restrictions do not vary depending on the type of space Photos were taken in.

• 5.5 Photos may contain graphic materials like logos, names or trademarks. The use of these kind of images is at your own discretion and we recommend removing said graphics from Photos when used for commercial purposes or in any situation where an issue displaying existing trademarks may arise. Usage or publication of Photos in such scenarios is at the user's own risk and responsibility.

• 5.6 Photos may contain or display recognizable people, trademarked buildings or other intellectual properties. Photobash sells and licenses Photos only through its online platform and does not require any releases or permissions for such transactions. Releases may be required in situations where Photos are published by the user/licensee, depending on the context in which they are presented. Photobash offers model releases for certain Photos. In case we do not offer any model or release forms we suggest to not use Photos in ways that may require such permissions.

Please be aware that rules and legislation may vary by country or state and should be consulted by the licensee prior to any form of publication. 

6. Notification of Infringement

Photobash respects the copyright of others. If you believe that any material on Photobash infringes upon any copyright that you own or control, please Contact Us with an official DMCA takedown notice of such infringement. The notice must comply with the following guidelines:

• Electronic or physical signature of the rights holder or the person authorized to act on behalf of that person. 

• Identification of the copyrighted work that has been infringed.

• An identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Photobash to locate the material (for example, by providing a URL to the material).

• Name, address, telephone number, and email address of the person claiming infringement.

• A statement by the person claiming infringement has a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law.

• A statement that the information in the notification is accurate and that, under penalty of perjury, the person claiming infringement is the rights holder or is authorized to act on the behalf of the rights holder. 

7. Liability and Indemnification

• 7.1 Photobash and its services are provided on an “as is” basis. Photobash makes no representations, warranties, conditions, or guarantees as to the usefulness, quality, suitability for particular purposes, non-infringement, merchantability, or cosmetic attributes of the Site, its services or the Content it provides.

• 7.2 In no event shall Photobash be liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption, loss of business information, loss of data, or any other pecuniary loss in connection with any claim, damage or other proceeding arising under this agreement, including - without limitation - your use of, reliance upon, access to the Site, Accounts, Content or any part thereof, or any rights granted to you hereunder, even if you have been advised of the possibility of such damages, whether the action is based on contract, tort (including negligence), infringement of intellectual property rights or otherwise.

• 7.3 You will indemnify Photobash and our subsidiaries, affiliates, employees, partners, and licensors from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of or related to your use of our Site, its Content or your violation of these terms. Photobash will indemnify you and any affiliates granted under our License Agreement from any claim, demand, loss, or damages arising out of or related to your use of Content, unless such use is in violation of these terms.

• 7.4 Unless otherwise agreed upon, you grant Photobash the right to control the defense of any third-party claim, action or matter subject to indemnification by you with counsel of our own choosing. You agree to cooperate with us in the defense of any such claim, action or matter.

8. Refund Policy

• 8.1 All requests for refunds to purchased Content must be made in writing. Provided that the request is made within 72 hours and any purchased Content has not been used, Photobash may cancel the relevant order and issue a full refund. No refunds are available for requests made more than 72 hours from your purchase date. Eligible refunds require that the data sold was, at the time of purchase or download either a) faulty, corrupted or otherwise incomplete or b) not as described, misleading or substantially different from what was displayed on our Site

• 8.2 Photobash reserves the right to, at its own discretion, assess if the request seems eligible for a refund and to deny any requests that do not meet requirements. In the event of a refund, your rights to use the Content terminate immediately, and you must delete or destroy any originals or copies of Content you have obtained.

• 8.3 Purchases of Credit Packs and Subscriptions are non-refundable. In the rare case that through some form of error or technical failure purchased Credits were not added to your Account correctly, please contact our support team so that we may resolve such issues.

• 8.4 By purchasing from Photobash you agree that you will not request any illegitimate chargebacks via either your bank, credit card issuer or Paypal, and that you will adhere to our refund policy. Chargebacks made for purchases for which access to Credits or Content has been enabled or already accessed by the user, or that were made without any attempts to issue a refund as per our policy may result in actions taken against the user. Such actions may include termination of your Account and all rights to use previously purchased Content. In case of reasonable proof that chargeback fraud has occurred, Photobash may choose to take legal action against the user through prosecution or a civil lawsuit. We strongly advise to contact us directly about any issues regarding refunds so that we may help you resolve them directly.

• 8.5 Purchases made in violation of our terms of service and/or licensing terms are not refundable.

9. General

• 9.1 By using our Site and/or purchasing Content you constitute a full acceptance of our License Agreement, Terms & Conditions and Privacy Policy and any unilateral amendments made to those terms and policies. 

• 9.2 By using Photobash, you represent and warrant that you are lawfully able to accept these Terms & Conditions. If you are using our service on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms & Conditions on such entity's behalf, and that such entity agrees to indemnify Photobash for any violations of the terms set forth in this agreement.

• 9.3 If any provision or part thereof of our License Agreement, Terms & Conditions or Privacy Policy is wholly or partially unenforceable by law, or in the event the parties are unable to agree, a court of competent jurisdiction shall put in place an enforceable provision or provisions, or part thereof, that as nearly as possible reflects the intended terms of the unenforceable provision.

• 9.4 Any breach of the terms set forth in this agreement, or any other applicable policies or agreements with Photobash may result in termination of your Account, access to the Site, or termination of License Agreement rights to use or store Content, without any liability to Photobash. You may terminate the terms of this agreement at any time by ceasing to use the Site and deleting your Account. In such case your rights to use the Content terminate immediately, and you must delete or destroy any originals or copies of Content you or authorized third parties have obtained, stored and/or distributed.

• 9.5 Photobash is entitled to equitable relief, including both a preliminary and permanent injunction and may recoup from you all damages it suffers as a result of your violation of our License Agreement and/or Terms & Conditions.

10. Applicable Law

This Site is controlled, operated and administered by Photobash Pte. Ltd. in Singapore. This agreement shall be governed in all respects by the laws of Singapore. You agree that any claim or dispute you may have against Photobash must be resolved exclusively by a Singaporean court except if otherwise agreed upon by both parties. You agree to submit to the personal jurisdiction of the courts located in Singapore for the purpose of litigating all such claims or disputes. 

11. Changes to Our Terms & Conditions

Photobash may amend these Terms & Conditions, other policies and its products, prices and services at any time with reasonable notice, including without limitation by sending an email update to all of its customers. Any amendments or alterations made to these terms shall take immediate effect and apply to all use of the Site, its services and Content sold after such amendments have been made. A timestamp of the most recent amendments labeled “Last updated” can be viewed at the top of each policy's page. 

We encourage users to review this page on a regular basis to ensure you stay up to date with our terms.

PHOTOBASH Pte. Ltd.
24 SBF Center
160 Robinson Rd
068914
Singapore

Last Updated Nov 14th 2024

Photobash is committed to protecting your privacy and makes its best efforts to secure personal data. 
This Privacy Policy explains our company's collection and use of such data. Please read this information carefully.
By using this site, you understand and agree to the terms of this policy.

1. Definitions

Terms frequently used in this policy are capitalized and have been specified in quotations along with their definitions below:

"Personal Information" is the information we collect, hold and use about individuals who visit this website or use its services. This information may contain your IP address, country, e-mail, personal or company name, purchase history, login sessions and/or any other data you wish to provide or is otherwise stored on our servers.
"Site" refers to the Photobash website, API’s, software, source codes used to provide services, user interface layouts, designs, images, icons, text and all other intellectual property protected under copyright or any other proprietary right and located at the photobash.org domain.
"Account" is the user Account created by the purchasing entity, whether that is a natural person or a corporate entity. The rights granted in this agreement are granted to the purchasing entity or its parent company, which you or the Account holder represents.


2. Collection of Personal Information

When visiting our Site, you can browse and navigate without providing any Personal Information.
However, we do collect specific Personal Information of users when required to do so in order to provide certain products or services. 
This includes purchasing products, which requires a valid email address to be submitted and serves as an automatic Account registration.

Some of the information users may provide is mandatory and some is voluntary.
Please note that some services or activities on the Site may not available if certain information is not provided by the user.

When using our website, Photobash may collect the following Personal Information from you:

• IP address (used for tracking Account logins and avoiding unauthorized access)

• Location (your IP address is linked to a country, city and/or region. This data is approximate)

• Email (required for purchasing or subscribing to our newsletters)

• Personal name, company name, address and/or VAT Number (voluntary unless legally required)

3. How your Personal Information is Used

Photobash does not provide Personal Information collected to any third parties other than those required to run our service and website. 
We do not sell, rent or share your personally identifiable information in any way other than as disclosed in this policy. Our goal is to collect as little data about you as possible.

Personal Information collected by Photobash is used for:

• Keeping track of what you’ve purchased

• Processing payments & transactions

• Customer support & assistance

• Sending emails such as download links, newsletters or important notifications

• Internal sales analytics

• Taxation obligations related to European VAT, UK VAT or Singapore GST (if applicable)

• Investigating or taking action regarding violations of our License Agreement and/or Terms & Conditions

4. Google Analytics & Web Metrics

When browsing websites, third parties may at times collect certain information about your computer and browsing session. For example, such information may include your browser type, operating system, IP address and time spent on the website.

Google Analytics is authorized by Photobash to gather this type of data. Data gathered is used to analyze and 
to better understand our visitors and overall performance of the website in order to improve the quality of our services. Please note that this information is practically anonymous and does not contain any personal data such as name, address or payment details.

Data gathered for analytics purposes is never shared with third parties outside of Photobash and those providing this data. Information collected by Google Analytics about your visits to this site is restricted by the Google Analytics Terms of Use and Privacy Policy.

Users can choose to manage the data collected about them through Google Analytics if they wish to do so.
Learn more about privacy at Google here.

5. Use of Cookies and Tracking Technology

A cookie is a small text file that a website can store on your computer or device when you visit a page. 
Cookies contain information, including Personal Information that can later be read by a web server in the domain that issued the cookie. 
The information that cookies collect may includes the date and time of your visit, your Account information, and your navigational and purchase history.

We may use session cookies, which terminate when you close your browser, or persistent cookies, which remain on your device until deleted. 
Photobash uses cookies or other tracking technologies for the sole purpose of improving functionality of our Site, services we offer or for website analytics.

Cookies are designed to offer you conveniences such as:

• Save time by eliminating the need to repeatedly enter the same information.

• Help to protect security and help prevent fraud, misuse or unauthorized access.

• Remember certain settings when using our website.

Most browsers automatically accept cookies, however you can modify your browser settings to decline cookies should you wish to do so.
Please be aware that our Site is designed to operate with cookies enabled and that blocking the use of cookies may negatively impact the functionality or overall experience of the Site.

6. Protection of Personal Information

Photobash ensures its best efforts to protect the Personal Information submitted to us.
We use the following methods to protect Personal Information as much as possible:

• Our website uses "secure socket layer technology" (SSL) to encrypt sensitive information input such as passwords or when dealing with transactions.

• Your Personal Information is stored on our secure servers that only Photobash administrators have access to using an encrypted password and SSL secured backend system.

• Photobash is unable to view sensitive data such as passwords or credit card details. Only you should have this information and we will never ask you to provide us such details directly.

Please note that no method of transmission over the Internet, or method of electronic storage, is 100% secure. 
While we use commercially available means to protect your Personal Information, we cannot guarantee its absolute security.

7. Collection of Purchase/Payment Data

Photobash relies on third party companies to process payments for our products and services. 
To the best of our knowledge, these companies do not retain, share, store or use personally identifiable information for any other purpose.

All payment data users input on our website is encrypted using SSL, a technology that ensures all data transmitted remains encrypted.
Please ensure you always access the "https://" domain of our website and that the SSL Certificate is visible in the URL bar of your browser.

We collect the minimum amount of Personal Information required during payments and transactions to comply with our accounting and taxing obligations. For most individuals an email address, country, payment amount & date and a unique transaction ID is sufficient. For companies located within the EU or UK, we may require to collect your personal and/or company name, address and VAT number for legal and taxation purposes.


8. Account Email and Newsletter Preferences

If at any time you decide that you do not want to receive emails from us including newsletters or updates , you can choose to unsubscribe at the bottom of any of our emails you receive.

9. Data Retention

We will retain your information for as long as your Account is active or as needed to provide you with our services as well as is necessary to comply with our legal obligations, to resolve open disputes
or to enforce our License Agreement and/or Terms & Conditions.

If you wish to request deletion of any of your Personal Information or to otherwise exercise your rights, including those granted under GDPR, please write to support@photobash.co

10. Changes to Our Privacy Policy

Photobash reserves the right to change the terms of this policy at any time. You can check the “Last updated” date at the top of this page. 
If there are significant changes to this statement or in how we use Personal Information, users will be notified via email outlining these changes.

We encourage users to review this page on a regular basis to ensure you stay up to date with our policies.

PHOTOBASH Pte. Ltd.
24 SBF Center
160 Robinson Rd
068914
Singapore

• Freelance License

  This license is ideal for a single self-employed freelancer, non-professional, or hobbyist. If you're the sole user and not working at a company, this is the License for you. You can use purchased assets for commercial jobs on a freelance basis.

• Indie License

  For an independently funded studio or small company with a maximum of 5 people. If you own a small studio or outsourcing company with a total staff of no more than 5, select this License Type.
  You can share assets with those employed within your company.

• Studio License

  For companies such as game developers, VFX studios, etc. If you represent a company with a production team, select this License Type. Each License covers 5 users and one company branch. We offer tailored services for studios such as bulk purchasing, custom user quota, multiple branches, RAW data, etc.

• Enterprise License

  For large production companies with an annual gross revenue exceeding $10 million USD.
  This extended Studio License can be tailored to accommodate specific requirements of large entities.
  If you represent a company that meets these criteria, please get in touch here.

For more detailed information, please refer to our License Agreement at the top of this page.

Please get in touch with us if you purchased products on photobash.co in the past. A member of our team will assist you in migrating all of your previously owned content.

To expedite this process, it will be helpful if you can include the following information:

• Your past Photobash username or email

• Your Gumroad account email (if applicable)
  

No, we do not allow any usage in conjunction with existing generative AI models or services.
It is strictly forbidden to train on any of our content or feed our assets to a gen-AI system for the following reasons:

1. Compromised IP Rights: Allowing such usage could undermine our ability to guarantee that our products can be transformed into copyrightable intellectual property by our users.

2. Legal Risks: Using generative AI could expose our users to potential legal issues, such as copyright infringement and future litigation. Our mission is to help you create IP, not risk it.

3. Ownership Incompatibility: Gen-AI services may claim ownership or training rights over images fed to them, violating our copyrights and usage terms as the original creators of Photobash content.

Photobash was created for and by artists, and we strongly believe in respecting the creative rights of all artistic communities. Therefore, any type of gen-AI usage is currently prohibited.

Most images featuring a single recognizable person come with a model release. If available, this document will be included in the downloadable files.

At this time we do not offer any model releases for images containing crowds, which may also include recognizable people. If required, we suggest that you either remove these individuals from the image or modify them to make them unrecognizable.

Sometimes emails may end up in your spam folder or you may have accidentally entered an incorrect email address.

If you haven’t received any links regardless, please reach out to our support team, and we'll be happy to help.

If there is an issue with your purchase, you may be eligible for a refund. Please write to support@photobash.co within 72 hours of the purchase date, and we'll do our best to help you out.

Since we offer digital goods that are accessible immediately after checkout, we can't refund any claims made after this deadline.

Please note that generally, you will not be eligible for a refund if:

• You purchased something by accident.

• You purchased something but decided you wanted something else instead.

• You purchased something but decided that you no longer want it.

You will most likely be eligible for a refund if:

• You purchased something, but the file was damaged, broken, or incomplete.

• You purchased something that was substantially different than what was advertised.

• You purchased something but were charged a different amount due to an error.

• You purchased the same product multiple times. Transaction fees will not be refunded in such case.

We recommend users always contact us directly first.
Going through your bank, card issuer or PayPal can often complicate the process. For more details, please refer to our Refund Policy, which can be found under our Terms & Conditions at the top of this page.